Worthing Wednesday Market Terms & Conditions

Trading 

Market operates from 9.00am to 5.30pm every Wednesday

• Setting up will take place from 7am and must be completed by 9am with all vehicles removed from the precinct by this time. 
• Stalls can start to pack up at the discretion of the trader, but no vehicles can gain access to the precinct to remove goods until 5.30pm
• In exceptional circumstances set up and removal can take place outside of the standard times but only if consent is given by the Market Supervisor.
• Raffle tickets cannot be sold. 
• A street collection for charity can only take place if the correct license is in place with Adur & Worthing Councils.
• Products and produce with faults must be clearly labelled and sold as seconds. 
• Electricity is available in the Montague Place area of the market only and traders in this area can apply for access to power.   The Market Operator reserves the right to charge for electricity.
• All cables on the precinct must be covered by pedestrian matting and it is the responsibility of the Market Trader to carry out the required risk assessments.
• Any electrical equipment used at the market must be PAT tested and documentation must be made available to the Market Operator on request.
• Generators should not be used, however in exceptional circumstances silent generators can be given permission for use by the Market Supervisor where these will not cause any disruption to nearby shops or pedestrians.
• Traders who sell foodstuffs must comply with the requirements of the current Food Hygiene Regulations and Food Safety Act. Certificates should be made available to the Market Operator on request.
• All Traders are required to display their name and any business name on their stall. 
• Smoking is not permitted on any stalls. 
• Parking is not included in the stall rents and traders should make their own arrangements, but free parking is available along the seafront to the West and a special arrangement is available in the Worthing Borough Council Multi-Storey Car Parks.
• All Stallholder’s must register their businesses, and comply with, Trading Standards, Environment Health and any other relevant regulatory bodies.  

Applications 

• Acceptance and non-acceptance of applications for a stall will be considered by the Market Supervisor who will make a decision based on the information given by the trader on their application.  Stalls may not be able to be given a pitch if there are too many stalls of a similar product on the market, or in the case of hot food sellers, the maximum number of stalls have already booked for that market.
• Stall rental and stall positions are totally at the discretion of the Market Organiser but regular traders who have signed a contract will be given priority over casual traders. Where possible stall locations will be honoured but this will not always be possible, and organisers reserve the right to move stalls when necessary.

Regular Traders

• Registered regular stallholders must be in attendance during the market trading times. Regular traders not attending the market will still be liable for the market rent unless a holiday day has been agreed with the market supervisor and the correct form submitted.
• Regular traders must pay a deposit of 2 weeks rent.
• Notification of non-attendance is required 14 days before a holiday day to allow organisers time to fill the space with a casual stallholder.  Regular traders will receive one day’s holiday for every 6 months attendance at the market, a maximum of 2 days per year.
• When a regular trader signs off the market the holiday entitlement will be calculated, and the trader will become financially liable for any holiday taken in advance.  This financial liability will be taken from the trader’s deposit. 
• Traders in arrears will forfeit all holiday entitlements until they are up to date with their payments. 
• Once a holiday day is agreed the trader will forfeit any rights over their pitch for the day(s) they have indicated they will not be attending the market.
• Once approved holidays cannot be changed
• Regular traders cannot sublet their place on the market. Stalls can be covered if the person covering is employed by the trader and is covered by their insurances and certifications.
• A period of notice, equal to the number of weeks advance licence fees originally paid, is required from regular traders wishing to cease trading at the market.  The advance will be used to fund this final trading period or to meet the cost of holiday days taken in advance.
• Traders giving notice will forfeit all rights relating to location and product offer once notice is given.
• The Trader cannot rescind this notice during the final trading period without the consent of the Market Operator.
• Traders who do not attend during the final trading period will forfeit their deposit.
• Deposits are non-refundable and cannot be transferred as a credit to any other market.
• Traders may not give notice during December nor may they reduce the size of their stalls or pitches
• Full contact details must be provided to the Market Operator and the Market Operator has consent to provide this information to others in the event of a complaint or issue that needs to be resolved.

Casual Traders

• Casual Traders will be placed by the market supervisor on the morning of the market, and while location preferences will try to be met, casual traders have no rights to a specific location on the market.
• Casual Traders must hold the required Insurances and certifications which must be supplied in advance of attending the first market or available for inspection on the morning.  If insurances have not been produced the trader will not be able to set up.
• If a regular trader signs onto the market selling a similar product or service, it may prevent a casual trader being offered a place at the market.  The market will only allow 2 traders selling similar products and regular traders are given priority over casual traders.
• A Casual Trader form must be completed and submitted to the Market Supervisor.

Fees & Insurance 

• Stall fees are published on the Worthing Town Centre Initiative website and will be available on request.
• Fees must be paid on the day of the market and failure to pay the stall fee on time is a breach of these regulations and all future bookings will be cancelled.  
• Each Stallholder must hold, and provide evidence of at least £5,000,000 public liability insurance covering outside events. 
• Each Stallholder will be issued a one day Street Trading License from Worthing Borough Council. License Fees are included in the stall fee. 

Cancellations and Refunds 

• Notification of non-attendance is required 14 days prior to the market in order for a holiday day to be taken. Regular Traders will be liable for the rent which must be paid in full at the next market or all future bookings will be cancelled unless special arrangements have been agreed by the Market Operator.
• Permanent stallholders lose their permanent status if they fail to pay for unattended markets where notice of a holiday day is not given. 
• Payment is due on the day of the market and Regular Traders will not be liable for markets cancelled for adverse weather or other conditions beyond the organiser’s control.  
• If a stallholder is asked to leave the market for non-compliance of the terms and conditions no refund will be payable.

Food stalls 

• Stallholders selling food products must provide a copy of their valid Food Hygiene Certificate. 
• Only traders with a Food Hygiene Rating of 4 or 5 stars will be able to trade at the Wednesday Market.
• Alcohol sales will not be permitted at the market unless approved by the Worthing Town Centre Initiative Steering Committee. 
• Failure to comply with health department standards and regulations may result in immediate closure of stall and future stalls may only be reinstated once the Market Supervisor is satisfied all standards and regulations have been adhered to. 
• All food stalls must carry out a Fire Risk Assessment and have the correct fire safety equipment with them on site
• All catering equipment must be tested and be suitable for commercial use.
• Any gas equipment must carry an up-to-date gas safety certificate that is provided to the market organisers.
• The paving must be protected at all times from spillages / stains. 

Stall Set-up and Equipment 

• Stallholders must provide their own covers/marquees and stall set-up which where possible should be the new style pop up design and blue and white covers should be used.
• Where practical traders should set up to allow trading from both sides of the stall. 
• The Worthing Town Centre Initiative do not provide or hire out any stall equipment, they only provide site area. 
• All stall equipment including racks, tables, signage etc must be contained to the stall site boundaries. Public access ways must be clear at all times.  
• West Sussex County Council have deemed A boards to be illegal and therefore must not be placed on the highway.
• Marquees, covers and all stall equipment must be erected securely and weighted or secured at all times. 
• All equipment must be in good repair and be operated in a safe manner. 
• All gazebo’s / marquees must be heavy duty and suitable for commercial use 
• The location of stalls will be determined by the Market Supervisor, whose decision is final. Every endeavour will be made to meet the general wishes of stallholders with regard to position, without causing unfairness to others. 
• Any electrical appliances must be tested for safety in accordance with relevant standards and the appropriate evidence of compliance should be available on request.
• Market Traders should carry out Risk Assessments on their stall set-up at the market.
• Market Traders will be charged for space used outside of their contracted stall area.

Adverse Weather 

• Markets will operate in varying weather conditions and stallholders must be prepared for adverse weather. 
• Stallholders may pack up their stall due to adverse weather conditions but may not move unless permission is given by the Market Supervisor.
• In extreme weather the Market Organisers will be responsible for assessing the conditions and if it is unsafe to run the market it will be cancelled.  Traders will be contacted by mobile phone and no rents will be payable on that day.  
• The Worthing Town Centre Initiative will not be responsible for any costs incurred by traders if a market is cancelled.
• The Worthing Town Centre Initiative will not be held responsible for any loss, damage or injury whatsoever resulting from adverse weather conditions. 

Occupational Health and Safety 

• Stallholders must drive within the market area at a safe speed that is no greater than 5mph. Vehicles are not permitted to move within the market area during trading times.
• Within the market area, smoking is not permitted at any stall site. 

Waste and Rubbish Removal 

• Bins will be delivered to site each morning of the market and all market waste must be confined to these designated bins.  
• Stallholders generating more than 2 Black bins worth of waste will have an additional cleansing cost added to their market rent to help cover additional costs for waste removal.
• The waste bins provided in Montague Street are for the general public use only and stallholders should not use them for commercial waste.
• Stallholders are responsible for leaving their site and surrounding area clean, tidy and undamaged
• Waste must be put immediately into the bins provided and not left on the precinct.
• Any waste generated after the bins have been collected should be removed from site by the Market Trader.

General- Stallholders Code of Conduct and Responsibilities 

• Stallholders must respond co-operatively to any direction given by the Market Supervisor in relation to the operation and occupation of their stall, equipment, goods and vehicle during operating times and any direction of a security or safety nature. 
• Stallholders must not act in a verbally or physically abusive, dangerous, or disruptive manner and if so it will not be tolerated and will result in immediate termination of any agreements with the market. 
• Stallholders must ensure that their activities do not endanger the safety or security of any people at the Market. 
• Stallholders must not cause damage, make alterations or additions of any nature to, or carry out works of any nature to market site property and that, if any damage is caused, the costs of any repairs, making good or replacement are borne by the stallholder. 
• Stallholders must comply with all the terms contained in these regulations and must comply with any changes to the market regulations, or any relevant local government and other statutory laws & regulations 
• Stallholders must report to the Market Supervisor any incident or accident to any person or property that involves loss or could be expected to give rise to a claim. 
• No trader will be permitted to sell reproduction firearms or weapons, any weapons that can propel an object, fireworks, flammable liquids or gases, counterfeit goods, drugs or offensive publications or material.  Any trader who does not meet this condition will be asked to leave the market immediately.
• Market “calling” and radios are discouraged but can take place as long as the public, other traders and nearby businesses are not negatively affected by it.  
• If music is being played, then it is the responsibility of the stallholder to arrange for PPS and PPL licenses.
• Complaints received must be dealt in an appropriate manner. The market operator reserves the right to pass on traders contact details to enable a complaint to be resolved.

Warranties & Representations of Stallholders

• The Committee permits the stallholder to attend the market in reliance on the following warranties and representations hereby made by the stallholder: –
  • The stallholder is the owner of the approved products with full power and capacity to sell absolute legal and beneficial ownership of the approved products to a third party without any encumbrance. 
  • The stallholder is responsible for obtaining all relevant permits and permissions required to operate the stallholder’s business and all merchandise sold complies with all relevant safety and compliance standards and retails laws currently in force.
  • The stallholder will not bring into the market any hazardous materials or substances.
  • The stallholder will comply with all of the terms contained in these regulations and will comply with any changes to the market regulations, or any relevant local government and other statutory laws and regulations. 
  • The stallholder acknowledges and agrees the Worthing Town Centre Initiative is not liable for any claim or loss suffered or incurred by the stallholder in relation to or in connection with his business at the market.

Stallholder Indemnity 

• Without limiting the generality of any other provision of these regulations, the stallholder hereby indemnifies and holds the Worthing Town Centre Initiative harmless from and against all claims for Loss arising in connection with or in relation to: 
  • The Stallholder’s occupation of the market; 
  • The sale or attempted sale of product and services
  • Any injury or harm suffered by the stallholder; 
  • Any injury or harm caused to any property or suffered by any person as a direct or indirect consequence, in whole or in part, of any act or omission by the stallholder; 
  • Any loss of or damage to the stallholder s property regardless of the cause of that loss or damage; 
  • The death of any person of a consequence, in whole or in part, of any act or omission by the stallholder; 
  • Any breach of these regulations by the stallholder; or 
  • Any legal costs on a full indemnity basis incurred by the Committee as a result of the stallholder s breach of these regulations.

Exclusion of Liability

• The Stallholder acknowledges and agrees that the Market Opeator makes no warranty or representation in relation to or in connection with the stallholder’s occupation or use of the market. Without limiting the generality of this clause, the stallholder acknowledges and agrees that the Worthing Town Centre Initiative has made no warranty or representation in relation to or in connection with:  
  • The stallholder’s access to people visiting the market or the access those people have to the stallholder; 
  • The existence or extent of services and/or facilities of any kind at the market; 
  • The position within the market that the stallholder will occupy; 
  • The suitability of the market for any particular purpose or the existence of any latent or patent defect at the market; 
  • The extent, if any, to which other visitors to the market might interfere with the stallholder’s use of the market; 
  • The existence or extent of any advertising or promotional activity or material that may or may not be published or undertaken by the Worthing Town Centre Initiative; 
  • The existence or extent of any security measures undertaken to protect the stallholder, and/or the market against terrorist or other criminal activity; or 
  • The existence or extent of any security at the market; 

Worthing Town Centre BID Representations

• The Worthing Town Centre Initiative consent to the stallholder to attend the market does not convey to the stallholder any ongoing rights in relation to the market into the future and such approval can be terminated by the Worthing Town Centre Initiative at any time in writing and without any period of notice. The Worthing Town Centre Initiative reserves the right to undertake any of the following actions without notice: 

• Re-locate a stallholder to another stall space within the market. 
• Require the stallholder to remove from sale any goods or services offered by the stallholder which are not appropriate. 
• Request that the stallholder undertake any reasonable measure which in the opinion of the Worthing Town Centre Initiative will improve the safety of the stall or to raise the level of presentation of the stall and its products. 

Termination

• The Worthing Town Centre Initiative reserves the right to withhold consent to a stallholder to occupy a stall at the market, to remove or to have removed from the market, a stallholder who is in breach or does not comply with the regulations, including where a stallholder: 

• Fails to pay their stall fee in a timely manner; 
• Fails to abide by the markets set up or pack up conditions; 
• Fails to abide by the market’s trading hours; 
• Fails to abide by the terms and conditions of the market’s rules and regulations; 
• Fails to limit the products offered for sale to what is appropriate 
• Commits a criminal act at the market; or 
• Behaves in a manner that breaches the market’s stallholder code of conduct & responsibilities. 

All traders, caterers, their contractors and employees (Traders) are subject to the rules and regulations of Worthing Market and by attending the Market are agreeing to be bound by these rules and regulations.